Why Criminal Charges Can Affect Immigration Status in Canada
Overview of How Criminal Offences Impact Immigration Under the Immigration and Refugee Protection Act (IRPA)
Under IRPA, individuals who are not Canadian citizens—this includes permanent residents, work permit holders, international students, refugee claimants, and visitors—can be deemed criminally inadmissible if they commit certain offences.
Two main sections of IRPA govern criminal inadmissibility:
- Section 36(1): Serious Criminality – Applies to those convicted in Canada of a serious offence, defined as any crime punishable by a maximum term of at least 10 years, or if the individual has been sentenced to six months or more in prison.
- Section 36(2): Criminality – Covers less serious offences, such as convictions outside Canada or summary offences that may still result in inadmissibility when combined.
Consequences for Permanent Residents, Temporary Residents, International Students, and Refugees
- Permanent Residents (PRs):
A PR can lose their status if convicted of serious criminality. The Canada Border Services Agency (CBSA) may issue a removal order, and PRs may be denied entry if they leave Canada and attempt to return post-conviction. - Temporary Residents (Visitors, Workers, Students):
These individuals face even greater vulnerability. A single charge or conviction can lead to immediate removal, cancellation of visas or permits, and bans from re-entering Canada. - Refugee Claimants and Protected Persons:
Criminal convictions can disqualify individuals from refugee protection or lead to revocation of protected status. In some cases, it may trigger cessation or inadmissibility hearings.
What It Means to Be Found Criminally Inadmissible
Being criminally inadmissible means that a person is not allowed to enter or remain in Canada due to their criminal record or charges. Inadmissibility can result in:
- Removal Orders (Deportation)
- Ineligibility for Citizenship or PR Renewal
- Inability to Sponsor Family Members
- Barriers to Re-Entry
When to Involve Both a Criminal and Immigration Lawyer
 Importance of Early Intervention Following Arrest or Charge
Early legal intervention can make a significant difference in how a case unfolds—not only in the criminal courts, but in immigration proceedings as well. Criminal lawyers focus on defending the charge and avoiding a conviction, while immigration lawyers evaluate how each legal outcome affects immigration status.
For example:
- Accepting a plea deal that seems favourable from a criminal law standpoint (e.g., a conditional discharge or peace bond) might still result in inadmissibility under IRPA.
- Certain offences carry automatic deportation consequences if not addressed properly at the outset.
By involving both types of legal professionals immediately, clients benefit from a coordinated legal strategy that considers all legal consequences—criminal and immigration alike.
Common Situations That Require Dual Legal Support
Not all criminal charges have immigration consequences, but some categories almost always require consultation with immigration counsel, including:
- Assault (especially domestic or involving weapons)
Even minor assault charges can be interpreted as serious criminality, especially if the Crown proceeds by indictment. - Fraud or Theft Offences
Fraud over $5,000 or multiple fraud convictions often result in removal orders. Immigration lawyers must assess the risk of inadmissibility. - Impaired Driving (DUI)
Under Canadian law, DUI is now considered a serious criminal offence, which means a conviction can lead to automatic inadmissibility and loss of PR status. - Drug Possession or Trafficking
These charges carry high immigration risk, even when the drug is cannabis. Possession for the purpose of trafficking, in particular, almost always triggers deportation proceedings. - Weapons Offences
Charges involving illegal possession of firearms or concealed weapons raise red flags in immigration reviews, even for first-time offenders. - Sexual Offences or Child-Related Charges
These carry the most severe immigration consequences, and even unproven allegations may result in detention or removal efforts.
Risks of Deportation, Detention, or Refusal of Status
If criminal charges are not handled with immigration implications in mind, the accused may face:
- Deportation (Removal Orders):
Especially after a conviction for serious criminality under IRPA s.36(1). In many cases, there is no appeal to the Immigration Appeal Division. - Detention by the Canada Border Services Agency (CBSA):
Non-citizens can be held in immigration detention even before their criminal case is resolved, particularly if they are deemed a flight risk or public danger. - Refusal of Applications:
Ongoing or past criminal proceedings can lead to denials of PR, citizenship, refugee claims, or work/study permit renewals. - Loss of Status:
Permanent residents may lose their status and be barred from re-entry if they are convicted of certain offences or violate conditions of their stay.
Strategies Criminal Lawyers Use to Protect Immigration Status
Here are key strategies criminal lawyers use in collaboration with immigration counsel to protect a client’s right to remain in Canada:
Plea Bargaining to Avoid Triggering Inadmissibility
Plea bargaining plays a critical role in immigration-sensitive criminal defence. A skilled criminal lawyer will negotiate charges down to non-inadmissible offences or seek to have the Crown proceed summarily instead of by indictment, where possible.
For example:
- Reducing a charge of assault with a weapon (which can trigger inadmissibility if prosecuted by indictment) to simple assault under summary conviction may prevent removal.
- Negotiating a plea to a non-violent offence or one that does not involve moral turpitude (e.g., mischief under a certain dollar amount) can reduce immigration consequences.
Every plea must be assessed in consultation with an immigration lawyer, as even minor changes in the wording of the offence or sentence length can have significant consequences under IRPA.
Seeking Conditional or Absolute Discharges
One of the most effective tools for protecting immigration status is securing a discharge—a sentence that results in no conviction being registered.
- Absolute Discharge: The court finds the individual guilty but grants a discharge with no conditions. The discharge is effective immediately and does not result in a criminal record.
- Conditional Discharge: The individual must complete specific conditions (e.g., probation, counselling), after which the discharge becomes absolute.
While a discharge may still show up in police records temporarily, it does not count as a conviction under Canadian law, and therefore, in most cases, does not render the person inadmissible under IRPA.
Using Diversion Programs or Alternative Resolutions
Where available, criminal lawyers may divert clients away from the traditional court system through pre-charge or post-charge diversion programs, which are especially helpful for immigration clients.
Common diversion options include:
- Mental health diversion programs
- Anger management or substance abuse counselling
- Peace bonds (Section 810 of the Criminal Code)
- Restorative justice or community resolution panels
When a diversion program is completed successfully:
- The charge may be withdrawn, stayed, or dismissed.
- There is no criminal conviction, and in many cases, no admission of guilt, helping to avoid a finding of criminal inadmissibility.
Criminal lawyers must proactively work with the Crown and the court to propose alternative resolutions early, especially for first-time offenders or low-risk individuals with immigration status at stake.
How Criminal and Immigration Lawyers Work Together
Coordinated Legal Strategy Across Criminal and Immigration Proceedings
Criminal and immigration proceedings often run in parallel, and actions in one system can directly impact the other. For example, a guilty plea in criminal court can trigger an inadmissibility finding under the Immigration and Refugee Protection Act (IRPA), leading to a removal order. To avoid these outcomes, both lawyers must coordinate:
- Timing of hearings and filings: Ensuring immigration actions (like a refugee claim or PR application) are strategically timed around the criminal process.
- Sentencing goals: Aligning sentencing outcomes (e.g., avoiding jail or long probation) with what immigration law allows.
- Appeals and stays: Coordinating appeals or stays of removal while criminal charges are still under review.
Aligning Disclosure, Affidavits, and Courtroom Statements
What is said or submitted in one legal process can be used in the other. A client’s statement during a criminal trial could later be examined by the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC). To prevent contradictions or self-incrimination, both lawyers must carefully align:
- Criminal disclosure and immigration submissions: Ensuring that police reports, witness statements, and other criminal disclosures do not conflict with information provided in immigration applications.
- Affidavits and personal statements: Crafting affidavits that support both legal defences—especially when criminal conduct is linked to trauma, coercion, or immigration history.
- Courtroom strategy: Avoiding admissions or arguments in criminal court that may negatively affect refugee claims or PR status (e.g., admitting facts that suggest moral turpitude).
Joint Representation at Immigration Interviews, Hearings, or Appeals
In complex cases, criminal and immigration lawyers may attend immigration interviews or hearings together, especially when:
- The client is facing a removal order due to criminality.
- The immigration matter involves interpretation of criminal charges or police conduct.
- A client is requesting Humanitarian and Compassionate (H&C) relief or seeking refugee protection after criminal involvement.
Examples of collaborative involvement include:
- Immigration Division (ID) hearings: Where detention is being reviewed, and criminal history is a key factor.
- Immigration Appeal Division (IAD): Where removal orders are appealed by permanent residents with criminal convictions.
- Pre-Removal Risk Assessments (PRRAs) and H&C applications: Where legal counsel must show that removal would cause disproportionate hardship or endanger the client due to criminal-related risks abroad.
Immigration Implications of a Criminal Record
Removal Orders and Loss of Permanent Residence
One of the most serious consequences of a criminal record under the Immigration and Refugee Protection Act (IRPA) is the issuance of a removal order. If a permanent resident or foreign national is found criminally inadmissible, the Immigration Division of the Immigration and Refugee Board (IRB) may issue a:
- Deportation Order: Typically issued in cases of serious criminality (e.g., offences punishable by 10 years or more, or actual sentences of 6+ months).
- Departure Order or Exclusion Order: For less severe immigration violations or less serious criminality.
A permanent resident may lose their status as a result of the removal order. Even long-time PRs with families and established lives in Canada can be deported, and in many cases, there is no right of appeal, especially for serious offences.
Denial of Citizenship or Refusal of Visa Extensions
A criminal record can block your pathway to Canadian citizenship. Under the Citizenship Act, an individual cannot become a citizen if they are:
- Charged with, or convicted of, a criminal offence in Canada or abroad
- Incarcerated, on parole, or on probation
- Under investigation or subject to immigration enforcement
Temporary residents—such as international students, visitors, and foreign workers—can also face consequences, such as:
- Refusal of visa extensions or renewals
- Ineligibility for permanent residency applications
- Cancellation of permits, including study or work authorizations
In some cases, even charges that do not result in a conviction may trigger immigration refusals if the facts raise concerns about the individual’s admissibility or character.
Enforcement by the Canada Border Services Agency (CBSA)
The Canada Border Services Agency (CBSA) is responsible for enforcing immigration law, including investigating criminal inadmissibility and executing removal orders.
When a non-citizen is convicted of a criminal offence or found to be inadmissible, the CBSA may:
- Initiate detention at an immigration holding centre
- Issue a removal order and arrange for deportation
- Monitor the individual’s movements, especially if there are public safety concerns
- Flag the person’s immigration file, making future applications more difficult
CBSA officers can also act before a criminal trial is complete, using the available evidence or police reports to detain or begin enforcement actions. This is why early intervention from an immigration lawyer—often working alongside a criminal lawyer—is so critical.